[Adopted 12-22-1970 by Ord. No. 221 (Ch. 108, Art. I, of the 1975 Code)]
A. 
As used in this article and elsewhere in Article I and Article II of this chapter, unless otherwise specifically provided, the following terms shall have the meanings indicated:
[Amended 6-13-1984 by Ord. No. 301; 9-12-1989 by Ord. No. 326; 10-9-1990 by Ord. No. 335]
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Director, in a National Pollutant Discharge Elimination System state with an approved state pretreatment program, and the Administrator of the Environmental Protection Agency in a non-National Pollutant Discharge Elimination System state or a National Pollutant Discharge Elimination System state without an approved state pretreatment program.
AUTHORITY
The Danville Municipal Authority, a Pennsylvania municipal authority.
BOROUGH
The Borough of Danville, Montour County, Pennsylvania, a municipality of the Commonwealth of Pennsylvania, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standard.
CONTROL AUTHORITY
The term "control authority" shall refer to the "approval authority," defined hereinabove, or the superintendent, if the Borough has an approved pretreatment program under the provisions of 40 CFR 403.11.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized officer of said agency.
IMPERVIOUS SURFACE
A surface that prevents the percolation of water into the ground. The coverage of land by buildings and other impervious materials such as asphalt.[1]
IMPROVED PROPERTY
Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure used or intended for use in the operation of one business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sanitary sewage, shall be discharged.
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment, other than sanitary sewage.
INTERFERENCE
The inhibition or disruption of the publicly owned treatment works treatment processes or operations which contribute to a violation of any requirement of the Borough's National Pollutant Discharge Elimination System permit. The term includes prevention of sewage sludge use or disposal by the publicly owned treatment works in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the publicly owned treatment works.
LATERAL
That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line, or if no such lateral shall be provided, then "lateral" shall mean that portion of or place in a sewer which is provided for the connection of any building sewer.
LOCAL LIMITS
Limitations on concentrations or mass of specific pollutants applied to discharges of industrial users, developed under the authority of 40 CFR 403.8(f).
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Section 307(b) and (e) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NEW SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act of 1977, as amended (33 U.S.C. § 1317), which will be applicable to such source if such pretreatment standards are thereafter promulgated in accordance with that section.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.[2]
PERSON(S)
Any individual, partnership, company, association, society, trust, corporation or other group or entity, whether an owner or lessee of residences, commercial or institutional establishments.[3]
POLLUTANT
Any substance, including but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste which, when discharged into water, results in pollution or increases pollution.[4]
POTW
A publicly owned treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292). The term includes the sewage collection system and the sewage treatment plant.[5]
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).
PRIVATE
Not available or used by the public and restricted to one's personal or family use.
[Added 1-6-1992 by Ord. No. 349]
PUBLIC
Any person or group of persons including people from the general population or employees or customers.
[Added 1-6-1992 by Ord. No. 349]
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit, constituting a part of the sewer system, used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, transporting and disposing of sanitary sewage and industrial wastes, owned or operated by the Borough.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the Borough sewer system who has a discharge flow of 25,000 gallons or more per average work day or has a flow greater than 5% of the flow in the Borough's sewer system or has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act of Pennsylvania Statutes and rules or is found by the Borough, the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
SLUG LOAD
The discharge of pollutants at a rate or concentration exceeding five times the daily average rate or concentration for a period exceeding 15 minutes.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE
The Commonwealth of Pennsylvania.
STREET
Any street, road, lane, court, cul-de-sac, alley, public way or public square.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Clean Water Act[6] or other acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Borough's publicly owned treatment works.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: See 33 U.S.C. § 1317.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
[Added 6-13-1984 by Ord. No. 301]
A. 
The owner of any improved property benefited, improved or accommodated by a sewer shall connect such improved property with such sewer, in such manner as this Borough may require, within 45 days after such notice to such owner from this Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.
B. 
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer as is required under Subsection A, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.
C. 
No person shall place or deposit, or permit to be placed or deposited, upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of Subsection A. No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to this Borough.
D. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Borough, shall be cleansed and filled at the expense of the owner of such improved property under the direction and supervision of this Borough. Any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Borough, cleansed and filled, shall constitute a nuisance, and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
E. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.
F. 
The notice by this Borough to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner in accordance with law.
A. 
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Borough.
B. 
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by his duly authorized agent.
C. 
No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
(1) 
Such person shall have notified the Secretary of this Borough of the desire and intention to connect such improved property to a sewer.
(2) 
Such person shall have applied for and obtained a permit as required by Subsection A.
(3) 
Such person shall have given the Secretary of this Borough at least 24 hours' notice of the time when such connection will be made, so that this Borough may supervise and inspect the work of connection and necessary testing.
D. 
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Borough, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by this Borough.
E. 
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected, and such owner shall indemnify and save harmless this Borough and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.
F. 
A building sewer shall be connected to a sewer at the place designated by this Borough or the Authority and where the lateral is provided. The invert of a building sewer at the point of connection, shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made, and the connection of a building sewer to the lateral shall be made secure and watertight.
G. 
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from this Borough requiring the connection of such improved property with a sewer, in accordance with § 194-2A, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
A. 
Where an improved property, at the time the connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
B. 
No building sewer shall be covered until it has been inspected and approved by this Borough. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.
C. 
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
D. 
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Borough.
E. 
If any person shall fail or refuse, upon receipt of a notice of this Borough or the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 45 days of receipt of such notice, this Borough may refuse to permit such person to discharge sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Borough.
F. 
The Borough Council may, from time to time, promulgate such additional rules and regulations relating to connection with the sewer system as it shall deem necessary and proper.
[Amended 5-14-1975 by Ord. No. 258]
[Amended 5-14-1975 by Ord. No. 258[1]]
Any person who shall violate any provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $600 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Borough.